Wage garnishment and exemptions in Montana

Montana uses the federal 25% limit on wage garnishment. Here is what is protected in your bank account, the property you can keep and how to claim an exemption.

Short answer

Montana follows the federal limit on wage garnishment. Federal limit applies: no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less. We could not confirm a general dollar amount protected in a bank account in Montana; directly deposited federal benefits are still protected (31 CFR 212.6).

Wage limit
25% (federal limit)
Federal benefits in a bank account
Up to 2 months protected
Law
Mont. Code Ann. § 25-13-614(2)

Your paycheck and garnishment in Montana

Wage limit
Federal limit applies: no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.
Law
Mont. Code Ann. § 25-13-614(2)

Like 17 of the 48 states we cover, Montana relies on the federal cap (15 U.S.C. 1673(a)).

In nearby states

What creditors can't take in Montana

  • Your home is protected up to the homestead limit: $350,000 in 2021, rising 4% each calendar year, with the exact figure set by Department of Revenue rule (Mont. Code Ann. § 70-32-104).
  • One motor vehicle is protected up to $4,000, and household goods up to $7,000 in total (§ 25-13-609).

Good to know in Montana

  • Montana's homestead limit grows 4% each year from $350,000 in 2021 (Mont. Code Ann. § 70-32-104).

Money in your bank account in Montana

Your bank must automatically protect two months of directly deposited Social Security, SSI or VA benefits (31 CFR 212.5, 212.6). How garnishment follows a lawsuit.

The lawsuit comes first in Montana

If you do not file an answer in time, the collector can ask for a default judgment and then garnish wages or bank accounts.

The time to answer in Montana: The number of days printed on your summons. In district court it is 21 days after you are served with the summons and complaint (Mont. R. Civ. P. 12(a)(1)(A), MCA Title 25, ch. 20).

What to do if you are sued in Montana

Claiming your exemptions in Montana

  1. Read every notice

    Note any deadline to claim exemptions on papers from the court, your employer or your bank; it can be short.

  2. Work out what Montana protects

    Montana's wage rule: Federal limit applies: no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.

  3. Look at your bank account

    Two months of direct-deposited federal benefits must be left alone (31 CFR 212.6).

  4. Ask the court to protect your money

    Get the exemption claim form from the clerk and file it in time. Start with Montana court self-help (official).

Questions about garnishment in Montana

How much of my paycheck can be garnished in Montana?

Federal limit applies: no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.

What are Montana's property exemptions?

Your home is protected up to the homestead limit: $350,000 in 2021, rising 4% each calendar year, with the exact figure set by Department of Revenue rule (Mont. Code Ann. § 70-32-104). One motor vehicle is protected up to $4,000, and household goods up to $7,000 in total (§ 25-13-609).

Related Montana pages

Sources

Last checked: Oct 24, 2026.

Federal sources